Judge Wende C. Cross
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Brief
Sentencing Memorandum
Adjournments
- A continuance request should specify a date, preferably agreed to by opposing counsel, and counsel must have a valid reason for requesting it.
- Requests for continuances or extensions of time must be made in writing.
- Counsel should contact opposing counsel before filing a continuance or extension motion to determine whether it will be opposed.
- +1 more
Request must include
Communication
Phone
Chambers
Document Format Requirements2 rules
Counsel for the plaintiff shall be responsible for ensuring that a copy of the proposed jury instructions and verdict forms are emailed in word format to the staff attorney at least fourteen (14) days before the scheduled trial date.
Exhibits shall be bound and marked before trial and submitted to the court prior to trial.
Document Filing Requirements10 rules
Check all applicable registration requirements and attach the corresponding registry plea addenda to the plea.
Court's wording
I further understand that being convicted of certain offenses may come with registration duties. The offenses I am pleading to involve the following registration requirements (check all that apply and attach the appropriate forms to this plea): ___ Sexual offender or child victim offender registration (attach Sex Offender/Child Victim Offender Registry Plea Addendum) ___ Arson offender registration (attach Arson Offender Registry Plea Addendum) ___ Violent offender registration (attach Violent Offender Database Plea Addendum) ___ None of my offenses have registration requirements
Attach the corresponding registry plea addendum for each applicable registration requirement.
Court's wording
The offenses I am pleading to involve the following registration requirements (check all that apply and attach the appropriate forms to this plea): ___ Sexual offender or child victim offender registration (attach Sex Offender/Child Victim Offender Registry Plea Addendum) ___ Arson offender registration (attach Arson Offender Registry Plea Addendum) ___ Violent offender registration (attach Violent Offender Database Plea Addendum)
Trial briefs must include facts, controlling law, stipulations, a witness list with testimony descriptions, and an exhibit list with descriptions.
- Document
- Trial brief
Include
- •Exhibit list
- •Statement of facts
Court's wording
Trial briefs are to include: a statement of the facts; a discussion of the controlling law; any stipulations; witness list along with a brief description of the subject matter of the testimony of each witness; exhibit list containing a brief description of each exhibit.
Parties in civil cases are required to confer with one another and provide the Court with a brief statement of the case to be read to the jury by the Court prior to opening statements pursuant to Civ.R. 47(A).
All motions must be in writing and accompanied by a proposed Order.
- Document
- Motion
Must include
- •Proposed order
The instructions agreed upon by all counsel shall be identified. Disputed instructions shall likewise be identified along with separate citation to legal authority for each.
Each party must file a pretrial statement no less than one week prior to the final pretrial.
Counsel must confer with one another with respect to the proposed jury instructions, with a view to reaching agreement on instructions to be requested.
If the parties determine that one is necessary, they will submit a joint proposed order to the Court.
- Document
- Protective order
Include
- •Proposed order
The final pretrial statement should provide the Court with a brief synopsis of the case, the status of any settlement negotiations, the expected length of trial including the number of potential witnesses, and any special issues or trial needs anticipated.
Filing & Service rules
Electronic Filing Rules
Rule 26(B) disclosures must not be filed with the Court.
NOTE: Rule 26(B) disclosures are not to be filed with the Court.
Civil cases
Page 1 | A. Rule 26(B) Disclosures
The completed form should be submitted to CrossLawClerk@cms.hamilton-co.org.
Please submit completed form to CrossLawClerk@cms.hamilton-co.org
Civil cases
Page 1
Filing Timing and Cure Windows
Any appeal must be filed within 30 days of the sentence.
I understand my right to appeal a maximum sentence, my other limited appellate rights, and that any appeal must be filed within 30 days of my sentence.
Criminal cases
Page 3 | GUILTY PLEA — ENTRY WITHDRAWING PLEA OF NOT GUILTY AND ENTERING PLEA OF GUILTY
The Rule 26(F) Conference Report and Discovery Plan must be filed at least seven days before the initial case management conference.
(to be filed not later than seven (7) days Defendant(s). : prior to the initial case management : conference)
Civil cases
Page 1 | RULE 26(F) CONFERENCE REPORT AND DISCOVERY PLAN
Any appeal must be filed within 30 days of sentencing.
I understand my right to appeal a maximum sentence, my other limited appellate rights, and that any appeal must be filed within 30 days of my sentence.
Criminal cases
Page 2 | ENTRY WITHDRAWING PLEA OF NOT GUILTY AND ENTERING AN ALFORD PLEA
Any appeal must be filed within thirty days of the sentence.
I understand my right to appeal a maximum sentence, my other limited appellate rights, and that any appeal must be filed within thirty days of my sentence.
Criminal cases
Page 3 | ENTRY WITHDRAWING PLEA OF NOT GUILTY AND ENTERING PLEA OF NO CONTEST
A motion in limine must be filed at least 21 days before trial.
In accordance with Civ.R. 6, the Court orders that any Motion in Limine is to be filed at least 21 days before trial.
Page 1 | TRIALS
In bench trials, parties must submit trial briefs and motions in limine no later than 14 days before trial.
Parties shall submit trial briefs, motions in limine, no later than fourteen (14) days before trial.
Page 1 | Bench Trials
In bench trials, opposing briefs to motions in limine must be filed no later than seven days before trial.
Opposing briefs to motions in limine shall be filed no later than seven (7) days before trial.
Page 1 | Bench Trials
Trial briefs and jury instructions must be submitted no later than 14 days before trial.
Parties shall submit trial briefs and jury instructions, no later than fourteen (14) days before trial.
Page 1 | Jury Trials
A reply is not permitted in the motion-in-limine briefing sequence.
No Reply shall be permitted.
Page 1 | TRIALS
An opposition to a motion in limine is due 14 days thereafter.
Any response in opposition is due 14 days thereafter.
Page 1 | TRIALS
Sentencing memorandums are highly encouraged and should be filed no later than three days before the sentencing hearing.
Sentencing Memorandums are highly encouraged and should be filed with the Court no later than 3 days before the sentencing hearing.
Page 1 | Sentencing
Courtesy Copy Requirements
A file-stamped courtesy copy of the sentencing memorandum should be provided to the court.
A file-stamped courtesy copy should be provided to the court.
Page 1 | Sentencing
A file-stamped courtesy copy should be provided to the court for any motion and responsive briefs.
A file-stamped courtesy copy of any motion and briefs filed in response should be provided to the court.
Page 1 | Motion Practice
Pre-Motion Conference Requirements
Before filing a motion to compel over an unresolved discovery dispute, the parties must contact the Staff Attorney in civil cases or the Bailiff in criminal cases; the court will schedule a conference by telephone, video, or in person.
If discovery disputes remain, the parties are to contact Judge Cross’s Staff Attorney (civil) or Bailiff (criminal) prior to filing any motions to compel. A conference with the Court will be scheduled either via telephone, video, or in-person.
Page 1 | Discovery
Civil motions are generally decided on the papers after briefing is complete, without oral argument.
Motions filed in civil cases are generally taken under submission without oral argument after briefing is complete.
Page 1 | Motion Practice
The parties are encouraged to work together to resolve discovery disputes.
The parties are encouraged to work together to resolve all discovery disputes.
Page 1 | Discovery
Adjournment & Extension Requirements
Requests for continuances or extensions of time must be made in writing.
All requests for continuances or extensions of time must be made in writing.
Page 1 | Calendaring and Continuances
A trial date may be continued only by the court and only in exceptional circumstances.
Trial dates are continued only in exceptional circumstances and only by the Court.
Page 1 | Calendaring and Continuances
Counsel should contact opposing counsel before filing a continuance or extension motion to determine whether it will be opposed.
Counsel should contact opposing counsel prior to filing the motion to determine whether the motion will be opposed.
Page 1 | Calendaring and Continuances
A continuance request should specify a date, preferably agreed to by opposing counsel, and counsel must have a valid reason for requesting it.
When requesting a continuance, parties should provide the Court with a specific date for the continuance, preferably with the concurrence of opposing counsel. Counsel must have a valid reason for requesting any continuance.
Page 1 | Calendaring and Continuances
Chambers Communication Rules
For a civil motion to withdraw as counsel, follow Local Rule 10(D) and call the Staff Attorney to schedule a hearing.
For motions to withdraw as counsel in civil cases, follow Local Rule 10(D) and call the Staff Attorney to schedule a hearing.
Page 1 | Motion Practice
The court sets oral argument in a civil case only when requested.
Oral argument in a civil case is set only upon request.
Page 1 | Motion Practice
Before contacting Judge Cross’s Staff Attorney to schedule oral argument on a civil motion, contact opposing counsel.
Contact opposing counsel prior to contacting Judge Cross’s Staff Attorney to set any civil motion for oral argument.
Page 1 | Motion Practice